The Sun. — London, England, 1818-04-01 00:00:00

'SINGULAR DISCOVERY.• AGENTS-OF TREINSOLVE'N't DEBTORS' • COURT. FOR THE SUN. EDITOR,—EUCOIII'aged by the attention which you have paid to my former . letters, I beg 'leave tb state additional abuses'and observations, with the• hope that I may be permitted also, as the ptomolgator of evils, •to suggest some rept `lotions of a preveotiv,. nature as preferable to Penal Enictwents. Awl if any of your enlightened Treaders' shall be induced to offer more salnl'ary en'' efficient snl.estions, I shall be gratified in having awa kened their attention to a subject of -such importanue. • The Law has already provided for the adapta tion of specific remedy to cases of abuse, if broa2ht fairly under legal discussion, but fre quent:y the mischiefs are too extensive foe•retti bution, and the application of penalties affords no compensation to the parties injured. 'When the evils view the remedy should be at hand to defeat them. • Daily malpractice! Verify the ne cessity, of 'Prevention. Some of the evils have been detailed—others claim publicity also. For instance, a regular Attorney recently superseded a prisoner out of custody on one of his actions— and the - charge. was '2l. 1 The prisoner was about to employ him to supersede another action, but having been toll by another Attorney that it could he (lime for 21., directions Were given ac cordingly. The siipersedeas was not 'effected, and, on enquiry as to the cause, the prisoner was referred to the Agent in London,; and the result of further inquiry_ announced that the pet son em ployed in London was merely an Agent of the Insidvent Court, and therefore could not effect the discharge. This is only a single instance of failure, •wbilst it is known that hundreds have succeeded, without interruption, in 'mist - dog the practice and obtaining .the emoluments of the legal profession. Au instance lately occurred in the Insolvent Court of a,Debtor's fabrication of accounts for .the purposes of fraud anti deception. , He was heard at Quarter Sessions, passed the Court,,.ob 4aincd his discharge, and paid his Agent. Sub sequent proceedings were taken to revoke his dis charge, on the ground of a fraudulent trrlnsfer of property, and a warrant was actually issued for his recapti.on.. If he had employed ias) Attorney con versant with his affairs, be would probably have benefited by advice, and have given a utorefaith fill and satisfactory statement.. . If the Attorney bad recommentied collusive conduct, or an unjust statement, he might have been called on in a sum mary way to answer to the Court wherein be is enrolled, or his known•responsibility might have shielded his client from imputation of fravd. rata the Agenr,ot the Insolvent Court is not in like manner amenable or responsible--nor is he tinder the 141,e influence or tear of mot al 'obligation or legal censure, for misconduct. He is trot subject to the test or rapacity, nor the solemn obligation of an oath of a.ltuission, Further, it.haioccOrred, that insolvent Debtors , . Lave been released upon execlvting.an assignment of property. Fr) Ole provisional 4ssignee,.and the Agents of the insolvent court have ad . vrtised for a Meeting of Credi:ors to g ive , as s cn tao 1 1 1 priety of commencing actions or slats at Law, or iu (lity.. Surely the bringing of actions or suits is no part of their (laity as Agents, nor can they be competent prolesSionally to advise on the par priet yof such proceedings. Attoruies and Soli citors are the proper organs through which such advice should be obtained, - or such procecdiuge directed. It-erice it 'results that the Profesiion particularly; and the Puld-ic in general, experience moCh detriment from . illegitimate agency and in dividual dnplicify; But prticular, prosecutions, tinder Penal Siatutes,-wiil not attain the full ends of justice, which to be efficient should be pre ventive. • _ • Attornics permitting unqualified persons to act, and persons 69 acting, are liable to prosecutions' for pet:l4l6es. Personi not duly, qualified are pro-, hibited from acting at. Quar4er Sessions, as well as in the King's Courts- at Westminster-Hall, and COnveyance.rs ; anti for offending they are sub ject to penalties. But amongst the numerous Agents of tie Insolvent Debtors' Court 'will be fount! persons who officiate as Attoruies at Own, ter S6sions, in,the Courts of Rrcords at Westmin ster, so as funveyancers, in preparing the Assign.' *rents and 'Conveyance of Insolvent Debtors' es-_ tates and (fleets. Sach has been the ascendency of thesefrac tktioners, %Oro, by their, incessant vigilance., have gained a great portion of the Gonfalon Law Prac tice, as between debtor and, creditor, that many admitted 'Attornies - have become mere appella tiveS, and really lend their names' to these Agents (who may be called derivatives) to take only by participation a remnant of those earnings . which were heretofore chiefly their support. So that., in fact, these low Retainers, after having . reducers an Attorney's .Practice probably from 2001. co' 100/. a year, say, " I will bargain with yoti for scenting a portion of your income,. it -you will permit me to use, , orabuse; yournatne,.and assist me in putting 501. per year itito my own.pockct as an Agent. 11-yon will not, 1 must go-to one who has suffered more than yourself, and be Or, in other words, ." 1 have reduced .your in come one halt', and must -have 501. per cent.. of the remainder." It is monstrous incongruity, gross and palpable injustice.. +Some kis.e actually taken out Certificates in the names of Attornies dead or retired, and in such names have ilteltered their sinister put - snits. Under such ii.system of resource, penahies• will be,unavailing., „for..the ground of imposition is continually, shifting, arid it prosectaticws are in stituted the objects ,of theur,will shift also. Be sides the odious light in which Qui-tom iti(ormers are field, and the difficult task :of. prosecuting .to conviction, prohibit the attainment, of legislative enactments, and, if conviction should be insured, payment would npt in all cases be enforced.. ,If two of the Otlicers . of the court were as- Sia,ord to promote and regulate the Pikfctiee, officiating as Clerk in Court for the Debtors, and. thcother for the Creditors, or, ,their.,re,spective Attornies, much facility might be afforded.,, and much irregularity be chec ked. And probably, in the mean time, the best remedy in aid would be to m ] Eby the adoption of meads ,to defeat the ob jects of the irregular. Practitioner' and his Em ployer. For instance, as the Insolvent Act de clares the Court shall have a power to revoke the diSchargeS of Debtors, if obtained- . trandulently, such discharge Might also be deemed revocable, if obtained through the medium of a person not re- , sponsible th the Court out Of which the detaining process issued, or for any,other gross irregularity or misconduct in obtaining such discharges. The same provisimt might be applied to the . Practice_ in the other Law Courts,' and proceedings therein conducted by unfit or, irregular Progressionists should be treated as a nullity. Thus substituting prevention in lieu of penitity, and throwing the odititn as well as the inconvenience on those who should resort to the illegitimate agency of igno rant pretenaers. The fear of such consequences would soon remedy the mischiefs which now arise from officious intrusion on the duties of regu lar Practitioners. • It ma'y he asked how, in such case, is the new race of Agents to obtain a livelihood ?—AN skrzaSuch as eau be depended on for integrity ,lod diligence may become Clerks or As,istants tip the Profession they have injured. Let the, rest return to the avocations of their former proba tionary pursuits ; awl let them bear in mind the wholesome tttaxitn, " Sutor ultra Crepi da m ." Temptc. til ****ls P. S.—ln My next 1 propose to offer . some com ments on the Act itself, and to exeniplity some strong doubts obi the :vAlidity of the - appointment of such Agents, to which your erudite Readers will be invited to reply. SAXON ANECDOTE.—Prince ANTOINE, the pre sent heir-apparent of the Throne of Saxony, is a person of extremely recluse and monkish habits, frequently enjoining himself to the pertormance of the most rikorotti penances (though bit whole lite is a series of Ceremonies), 'and bestOWing al most his . entire income in donations to the mo nasteries.. TIM KING, his father, himself a strict disciplinatian, has often remonstrated with him on his excessive bigotry, but without any oilier effect than that of increasing it. In the year, ISIO, the Confessor of this Prince persuaded Atitn . that his good works would be incomplete; unless he Consummated them by a pilgritnage to Jerusalem, but, well aware that the KING would never con sent to the project, he instigated the - Prince to propose to his father to send him on some minor. doctrinal embassy•to the Court of Rome, from whence he might secretly undertake the journey. The Prince followed this advice, but theKING rejected the proposed embassyi and, susp,cting something of ;he real design, strictly forbade his son leaving Dresden on , any pretence whatever.. In this ditentma, the Confessor hit upon another expethent,•and carefully computing the number of paces bet veen Dresden and,Jerusalem, the enthu siastic prince actually performed the Pilgtiinage, with unremitting zeal, in his apartments, under the close s.p.rintendance of the Confessor and some other Monks of his Order. JUVENILE GANG OF ROBBERS.—On ;Vontlily night, about eight o'clock, tour boys rushed into the shop, of a poor old woman who deals in _chant!lery, is Rird-street, Lambeth ; each seized upon a separate article, and decamped in an in stant. Three of them were' t aken,. but the only article of the stolen property that was recovered was a brass, weight. . - FrßE.—On Monday morning, about 11 o'clock; a file broke out at . the house of Mr. Jones, black ing. manufacturer, Somerset-place, Hackney-road, ‘vhich in a few hours destroyed tote whole interior of the premises. Engines arrived in. a shOrt time from various parts of the metropolis, and by the exertions of the firemen saved the adjoining hoi.ses. We are sorry to say, that two persons were burned in.a shocking manner, .in endeavour ing to escape out of the premises of Mr. Jones, durittg . their conflagration. Mrs. Jones, the mo ther of Mr. Jones,who occupied the. premises, was burned so dreadfully in diffeient parts of her body, especially her face and bosom, that she is - trot ex pected to recover. Mr. Jones's daughter, a g i r l only 13 years of age, suffered very touch - ; her neck and hands we're in a dreadful condition. They were both catried. to the shop of Mr. Weston, ,a.surgeon, , corners of Kingsland-road: lie dressed them, and ordered them to be conveyed to Bar tholomew's hospital: they were immediately taken thither, and the surgeon gave very little hopes of their recovery. The fire originated in the follow ing 'manner Jones had got some pitch melting in a - furnace in the shop at the ba , k pail of his house, for the purpOs'e of slopping the corks of the h!ackitig bottles; it boiled over ; and the flame was so great that it set fire to the clothes of the two t unfOrtimate persons Who bad casually come into the plact.a few minutes before. SHoCKING OCCURRENCE.—An Inquest held ye-sterda t y afternoon at Guy-'S Hospital, be fore Tflow-s , Sit 111.Toti, Esq. Coroner,, on the bOdy 'of Wllliarn, the son of Mr. Co-oho!), of florselYdown, aged three years. Mr.. Benjando Free; of Oak-lane, Horselydown, stated, that on the afternoon of the 12th ult. he was in the Kent road with the deceased, who was riding, in a. little chase drawn by a Newfoundland dog.. The father of the deceased Was.walking by the side of the chaise .attending to the deeedied. The dog was drawing the chaise in the horse road. A loaded coal waggon was passing by, and the dog, rushed forward, draggling the deceased, after hint at a very great rate, the, dog seized.one of the horses by the thigh and bit ; the horse being in gteat pin kicked very violently, and one of his feet came in contact with.the deceased's head. and fractured his skull. The father of the decezied was ' very touch hurt by ,the.waggon passing over his legs while in the act of saving his child. The dog was in harness, and was used to draw the de.. ceased for a consid i er i able period. Mr, Edward. Granger, the Surgeon,described the. nature of the injury the deceased received, and stated, that. he lingered until . S:atortlay last. Verdict—" Acc idental death."—lleodand of ten shillings vu . the binse. LAW INTELLIGENCE. COURT OF CaftNi;ERY, __AKCH ePERA IYOUSE.—WATERS V. TAYLOR. The SOLICITOR-GENERAL said, be had a short motion to ,submit tti . the Cotat, but he shduld postpone it till his Learned 'Friend Sir Samuel Romilly came in. The Lotto "CHANCELLOR--1 liope it is not about the Opera House.: -The SOLICITOR-GENERAL -- It is, my Lord; but it is only respecting the drawing up of an order for the Treasurer passing'hiS account's, and Which order your Lordship forwierlY granted. The Loan CHANCELLOR—Since it is so, you may as well amuse us, Mr. Solicitor, with the Opera House, as there is no other motion at pre sent likely to be made. The SOLICITOR-GENERAL then proceeded. He observed, that it was a petition from" Mr. James Bromley; that the Registrar might be directed to draiv'op the Order, Iry . which he (Mr. Brotriley), as Treasurer of the Opera [louse, might be allow— ed to pass his accounts, and be discharged from his recoghizances. The order, it he was not nris- . taken, %vas formerly drawn up by his Lordship himself, hut sonre•ohjeCtions had been made by the defendant's late Solicitor. '1 he LOltD CHANCELLOR—What is the matter, Mr. Mills ? Mr. MlLL—When we went, my Lord, to Mr. 11 - 4ynsfotd: the Registrar, for the Order, Mr. Duthie, lately Solicitor to the defendant, object ed to-the word tenefiriql being in the Order, and wished the word reL'essary to be substituted in its room. Me, Duthie being no longer Solicitor (or the defendant, l understand, my Lord, the pre sent Solicitor, denies that such an order was-ever Made.' The LORD CH A,N C EL,L ft* —Take the Order, un less Sir S. Romilry, on coming into Court, spews cause to the contrary. Sir S. ItomILLY then came, in. 'The LORD CUANCELLOR--1 am glad to see you, Sir Saninel, as we have ,lrad another touch at the Opera house ROMILLY said, the application wag made to the Court as a mere matter of course, • for the purpose . of more money being allowed to „Mr. Waters, as Manager of. the Theatre, than had berit granted hini by the Master - . That money was claimed on acdontit of •the dressing-rooms and other things hteviiig cost A very great stint. — If such on order was made, Why didri.he,Other side not take it ? At all events, this application should have'been made Ott aud:not_as a -Mere matter of coor;e. The LORD CHANCELLOR.--The other side de dare •thatsuch Order is in 'the' `Registrar's • . book. The SOLICITOR-GENERAL said biTLoriisitip had removed "Air. Bromley frOin his offiei, blit - hekaft not been able to false up his recognizances:h.is accounts not having yet been passed. lie titidir stood his Lorthhip hail tick only penned, the or der but hacl after , Nard - s eorreeted and ieised The LORD CHANCELLOR-1 think I did. Sir S. ItomICLY said, that it neetnued to him there was a'great deal of ditTerence between the words' beneficint and necessary. -lie contended that the vver , ! necessary shotild be inserted. The Loan CHANCELLOR—I slim it is tja've impossible, even in- the OpCra florist case, to re collect ail thdt.passes, but 1-think the .word be neficial ‘ - rat inserre - d. At al events, takt ov der, and let its go out of the Opera iloy,e, for this day at least.—Motion granted. VICE-CHANCELLQR'S COURT. OrEttA House.--WATERS v. TAYLOR. When his Honour the Vice-Chancellor came into Court, Mr. lionpell said he wished, before the regular business of the day was began, to say a few words respecting the long litigated case 61 Waters and Taylor. • On a former occasion his Honour had been pleased to appoint the e'xcepf dons taken to the Master's Report; to be discussed on the first day of exceptions in EaSterTerin; ‘Vhen thiS order was Made, parties hill every ex pectation of been prepared for the hearing', but the papers were sAy voluminous, and embraced such• a variety of topics, 'drat` his client it' utterly impossible td be prepared. it. Was, there- . fore;bis duty to move that the cause he fixed lOr the second day of exceptions of the fiist, and he had no doubt but his Clieei would by that time be fnlly'prepared. ' • Tke VICg-.CHANCELLOR could see no objection to the nreiposed delay, but thought it would be extremely desirable for all parties that the cause was finally dirposed of. Mr. ROUPELL agreed that it would be most desirable and also advantageous for them but realty his :client had found, frOm the 'immense number of papers, that it was impossible for . him . tube prepared for'the discussion. The Vrce-CHANCELLOR wished to know if the points were Many in nuMber—and Wbeiher much time would be- occupied ? Mr. Itourem, said they were very numerous, and he" had no doubt would Occupy a great portion of the time of the Court. The Vice-Citp:ctiLiort--;-lf that is the case, Olen take the delay you wish . -for'; but jet 'it lie understood, that the Court peeeinptot ily °Mei- the cause to be heard . on the second da.S'ot . Exceptions in Easter Term," and to stand 'at . the - bead of the paper that day. On Tuesday, morning last weeit,.when the. Re gulator post . .cOach artived - at the George; Inn, in StAffod , young man was found dead in the side, in the arms Of :Os grandmother 1 The young man had taken his Place. in the coach - at . Dudley', andwas . on his way to Stoke, his native place. Hr had been indispbst4l" onwards of a month,'but was dprrenTly, much 'better t+hen he, set out. At kVolvvrhatnpfon, however, he ap . .. rare& very ill, and the . coaChman alloWed the grandmother (who was on the outside) to re move into the Coaek, where she suppOrted'hiniin her arms. lie was 'alive When he arriVed at' l'enkridge, and when the coaclx stopped'af'Staf-; ford, the gi andthot her was • not aware that he had expired. On the following day' be was Conveyed to Stoke, in a hearse. His name' was Thomas Boulton, and his age about 20. • As two . Genlletnen a Constable were 0 search of stune stolen . goods, a few days itgo, in 5 village a few Miles distant front Carlisle, they visit' the dwelling of two miserable-looking beitigs, 6 man and a worts n, who, it was reported in the neighbourhood,:gained their fiVelibood chiefly by begeing. The man, being known to have had cot)! nexiun with persons of notorious character, ': suspected to be acquainted with some of the eir i ; cinitstances at . least of the robbely queStion• was on this ground that the search was made. Th." appearance of the )inure beggars all d escr iption' A large heap of ..tolten sticks, used for fire- . woofi t i reintered the entrance almost impracticable, an, it was rendered still mote di flicult:by•the mire an d within the door. The wboiC rosin (lid not exceed 12 feet square, one half 1 which was 'occupied by a huge bedstead cove red with htwo or three mattresses and feather-beds - f with filth and vermin. The roof and.walls we ro . covered with a solid mass of cobwebs, andthefnr" niture in general correipritaded triifi thedecoratio n : of the hOuse. Among .other articles was an °I 4 oak desk, which tie constable requested to e 2 o v miue ;. this was, however, steadilv.resisted by t." woman, who as well as the man had' isitlsert° shown no disposition to binder the search. • e , l sistance only increased the anxiety of the_coustabt to view what she was so desirous to, conceal,,at" desperate struggle commenced between the herQ4l-? and the peace-officer. The latter imagining: ll l something was concealed, that, to answer the god' s just ice,ought to be divulged, immediately tookOSP, to enforce Isis authority. when the Amazon be""!.4 perfectly composed. The officer then iv riiCebtf e , in his examination of the contents of the. IPP ie t i t vious desk. After turning out a variety ( "' i rags and articles of apparel, ,he came to a 10% 1 ,, bag, which he immediately began fo search, I doubting but he should find evidence of cn ill ' lug, if not of forgery, -having been practised ,. this Aappy couple. To — his utier amazeme n ' however, and that of Isis party, ,be found fifty o .ll c sixty small -parcels' tied -up in rags and pie ° of paper, each containing different sums of moneY' r front two or three old shillings :rod a little coPP.: to 201. in Batik-notes and gold, besides prow v : sorynotts ; the whole amounting to several • sired pOnnils. The man appeared as . sntiCt' (I ) , lighted mite was. astonished at this sthiden.diff"'',, of his cltereanoieswealib, and. gave every 0 11 i rwinein to the constable to go on flint ..:,; t search. As, :however; so niuch 111011 Cy • said in. tacit bands; and 11. sitrtß Lion, . the gentlemen. earnestly. exhorted the- r - ,; sessors of it.to put it in a place of better which Suggestion having beets seconded the r !,!' 7 e clay by sonse their'neghbartrs, they have . 0; ly complied with it. The old.woman -to evi w o t the wealth really belonged was in the'l. o " t h ' et , :takiirg -hug constantly ats hot her, Oode r clothes.' The whole of the silvet'WhiCh tiemen saw was of the old coinage, and 0 114 1.` cut :ione to a very considerable suns.--4 Patriot.) • 1f • The friends of the onfortnnete female, i °, :it found in Abe river Mecitv.ar, at Bartniuw, inO e , 6 length been discovered : her naineprove4 t'. ) t i 1 MARY NOAK ES SANII3 : she %t 4S gc ) in g h ow 5(17' 14 . where she had lived about two years, :tci Tic e horse, leer native place, and where her rehtt ic . lli reside. lier brother and sister heariag of the q tr cumstance, through the means of the public pri' ) , t . t fif l atitl,tlie iiiiThils' on the clothes corresikifrili n g 13.1 1 i the name of their sister, they last rnek " len t : 1 liarming to.ascetw I in the fact, which Abey, l'3.it; loOod to be too trite. They sicite, that ' ..,, t ( left Strood about the 2311 of .Febritar,v, 0 ,1 came to Alaiditorte. by J iurch's coac"' : T o proceeded on her journey ; that sjl e l ic e about thirty years of age ; had money ' r l i ~•v " .: pockets, and' also a bundle eoOtainikg the I , ° ' ( tts ing articles, viz : a : lustre . govit trimirte" ` 1 . , 0 45 lace, with three rows of pink satin Hobo!' ° c . a ... the bottom, one pair of silk and two pair of ~,i , t ton stOckinO, a brooch, black lace veil , 11 , 0 0,., cap and gown, day cap -and friis, white o . s i oo e and black silk _scarf, with two white toPs• , 1 ;wt. of the above articles having bren f"!!" ( " - t for presses our winos 'with.) a stronger convictiou c o'' she was nrurtleted, and we trust' that every 13 ' a,s , will,be resorted to by her friends to tliseo ver , , perpetrators.- - --(ilfitiastone Journal, Ma rch 3 1 ' 1 COURSE . of EieliA&Oft; Tll ESI)Ai t MAlttki 3 ~ 1.1" 37 g /5 " Dittn, atSight ; C. F' Ainstei dam • , • • - 11- 8 Ditto, at tight. • :" ti 5 . o„ Rotterdam.; :. ....... ...;• -I: . " '' ' ' It 9 I tio ei. Antwerp ...... • ..... ~ . , ........ . ....... , ll I i Es.`"vo. , , ! •47 es. 114thibitrg.l l- . . Altotra Paris, 3 Day's' date Ditto .. , . • - 24 50 ,, atinrdeaux, ditto - • ' 24 s u e Mon e l Frailli fort on the Main . t , . Madrid - 49 cifecti f Cadiz • tiiihoa -1 7' Seville • . ' - Gibraltar, - , • 35 Leghorn Gonpa... 47i-Veilice,.. Ital.• Liv '24 ,0 Malta... .51 -Naples • 434 . aio Pa1erin0....,... ' . . • 13011. Per Lisbon. Oporto' Itio.lantiro .. 13nbfin.........9f.....Curk..... 91 ppr Cent. Agio of the Bank ou LIollaii(1.. : . .2 per Cent. BULLION. Portugal Gold; in Coin New Dollars . Sihoer, In :LIN 0 0 ' ho 0 0 P er • u 5 5 .. 0 . 5 ' I ,04 _ - , • ______-_______---- • BIRTH - .1 I ' On Tug iday morning - , 11.11 - s. Thlonias Wuod, of Putn e i ,f a daughter. -.• ... - - . • ' • ' __---< , - • : • . . • NtA ititlED. On the 2.lth March; at Great Marlow, Bucks, Mr. t 0 • Wyme„ . jno.'l4oxliwi-el-stre - et; to F ra n ce s, •Oilest daug b John Holrup.l, , Esi. of Northumberland:street. - • • DIED. Ch ar' • Qn 26th ult. near Exeter, aged Cl's 4! lotte; the: daughter and : dttlY child of LaChlen Paymaster of Pensions fro the Itogal , tiositital G r i d - fronts tyteff At S. Petershuret, on the 28th of last December CcilinAlte in the. Stst year .of his age, Mr. }Wien flynaut, sc at td the court of Rusasia, &c. 9 t LONDON: PO nit 1.1 by 3:B. CA RSTAIRS, of No; I % — ; e 4S , ' Orniond•strect, Queen-square; and 'IY SCRIPPS, of No. 7, South Molten-street, a t THS_ ,„ 0 1 * Office, N 4. Ile., Strand ; where Adyettisententi, Ot u ` Letters, &c. putt,-raid) must be addressed. ti Aftt 411.4 14141 /) k 1 I ~ i~ ,t; $:(1 .13„, ,~ I ) ~~~ ,~@ ~~~ F ~, , ~ Y .~ k ,r4l Al - 1.1 "l•i is